People v. Wright CA3

Filed 12/20/22 P. v. Wright CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C094246

Plaintiff and Respondent, (Super. Ct. No. 20FE002981)

v.

ANTHONY GORDON WRIGHT,

Defendant and Appellant.

A jury found defendant Anthony Gordon Wright guilty of second degree robbery, and after he waived his right to a jury trial on a prior conviction, the trial court found the prior conviction allegation to be true. In addition to imposing an 11-year sentence, the trial court imposed a main jail booking fee and a classification fee. On appeal, defendant challenges the robbery conviction for sufficiency of the evidence. As to this, we affirm the judgment.

1

The People acknowledge as of July 1, 2021, the unpaid balance of fees imposed under Government Code section 29550.2 must be stricken, pursuant to Assembly Bill No. 1869 (2019-2020 Reg. Sess.). We shall vacate the main jail booking fee and main jail classification fee.

FACTS AND HISTORY OF THE PROCEEDINGS Defendant entered a bank wearing an “ARMY” t-shirt, black shorts, a black baseball cap, gloves, and sunglasses and gave a teller, M.N., a payment slip lacking account information which stated: “I’m here, give me what [sic] is all I got coming, I NEED all your money[,] thousands or what ever [sic] they give you. Don’t have a lot [of] time N don’t worry, I’m Anthony Wright.” As M.N. read the payment slip, defendant covered his mouth and muttered “give me the money.” M.N. tried to dispense money from the recycler rather than the drawer as her training required, but because of her fear and shock, she could not get the code right to release the money. M.N. testified she was scared by the way defendant was standing; was unsure whether defendant had a weapon; and was afraid defendant would hurt her. Defendant covered his mouth a second time and demanded money from M.N. Because she could not retrieve money from the recycler, M.N. unlocked the cash drawer and handed defendant $2,817. Defendant briefly turned to walk away, and as he did so, M.N. activated her silent alarm to alert the police. M.N.’s teller station did not have plexiglass separating her from defendant. Defendant turned back toward M.N., asked for more cash, and reached over the counter. M.N. testified she was afraid, she thought defendant might have a gun or knife, so she complied with defendant’s cash demand. M.N. entered the correct code for the recycler and handed defendant an additional $1,000. M.N. feared she would die.